Harding v. Ellston
New York County Courts
Appeal from justice’s court. Action brought in justice’s court by Harding against Ellston for trespass on land. Defendant set up title in himself, and delivered to the justice the statutory undertaking. The latter refused to approve the undertaking, and retained jurisdiction. Judgment was rendered for plaintiff in defendant’s absence, and the latter appeals. Code Civil Proc. ÍT.
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Appeal from justice’s court. Action brought in justice’s court by Harding against Ellston for trespass on land. Defendant set up title in himself, and delivered to the justice the statutory undertaking. The latter refused to approve the undertaking, and retained jurisdiction. Judgment was rendered for plaintiff in defendant’s absence, and the latter appeals. Code Civil Proc. ÍT. Y. §§ 2951, 2952, are as follows: “Sec. 2951. The defendant may, either with or without other matter of defense, set forth in his answer facts showing that the title to real property will come in question. Such an…
1Opinion of the CourtBeatie, C. J.
This action was brought to recover damages for an alleged trespass upon lands belonging to the plaintiff. The defendant answered, setting up title in himself. The answer was in proper form, and Was duly countersigned by the justice, as required by law. Code Civil Proc. § 2951. The defendant also delivered with the answer an undertaking, signed by the defendant and a surety, conditioned as required by the statute. Code, § 2952. The surety justified in the sum of $400, an amount twice as great as he would, in any event, be liable to pay upon a breach of the condition of the undertaking. The…
2Cited by2 opinions
- Faruolo v. RafanelliAppellate Terms of the Supreme Court of New York · 1903
- Manfredi v. WiedermanNew York Court of Common Pleas · 1895